LEGAL METROLOGY ACT, 2009
CHAPTER I PRELIMINARY
1. Short title, extent and commencement 1
2. De nitions 2
3. Provisions of this Act to override provisions of any other law 6
CHAPTER II STANDARD WEIGHTS AND MEASURES
4. Units of weights and measures to be based on metric system 7
5. Base unit of weights and measures 7
6. Base unit of numeration 7
7. Standard units of weights and measures 7
8. Standard weight, measure or numeral 7
9. Reference, secondary and working standard 8
10. Use of weight or measure for particular purposes 8
11. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration 8
12. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void 9
CHAPTER III
APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS
13. Appointment of Director, legal metrology of cers and other employees 10
14. Appointment of Controller, legal metrology of cers and other employees 10
15. Power of inspection, seizure, etc. 11
16. Forfeiture 11
17. Manufacturers, etc., to maintain records and registers 12
18. Declarations on pre-packaged commodities 12
19. Registration for importer of weight or measure 13
23. Prohibition on manufacture, repair or sale of weight or measure without licence 14
CHAPTER IV VERIFICATION AND STAMPING OF WEIGHT OR MEASURE
24. Veri cation and stamping of weight or measure 15 CHAPTER V
AND PENALTIES
25. Penalty for use of non-standard weight or measure 16
26. Penalty for alteration of weight and measure 16
27. Penalty for manufacture or sale of non-standard weight or measure 18
28. Penalty for making any transaction, deal or contract in contravention of the prescribed standards 18
29. Penalty for quoting or publishing, etc., of non-standard units 19
30. Penalty for transactions in contravention of standard weight or measure 20
31. Penalty for non-production of documents, etc. 21
32. Penalty for failure to get model approved 21
CONTENTS
33. Penalty for use of unveri ed weight or measure 22
34. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure 22
35. Penalty for rendering services by non-standard weight, measure or number 23
36. Penalty for selling, etc., of non-standard packages 24
37. Penalty for contravention by Government approved Test Centre 25
38. Penalty for non-registration by importer of weight or measure 26
39. Penalty for import of non-standard weight or measure 27
40. Penalty for obstructing Director, Controller or legal metrology of cer 27
41. Penalty for giving false information or false return 28
42. Vexatious search 29
43. Penalty for veri cation in contravention of Act and rules 29
44. Penalty for counterfeiting of seals, etc. 30
45. Penalty for manufacture of weight and measure without licence 32
46. Penalty for repair, sale, etc., of weight and measure without licence 32
47. Penalty for tampering with licence 33
48. Compounding of offences 34
49. Offences by companies and power of court to publish name, place of business, etc., for companies convicted 35
50. Appeals 38
51. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply 41
52. Power of the Central Government to make rules
53. Power of State Government to make rules
54. Delegation of Powers
55. Act not to apply in certain cases
56. Existing Director, Controller and legal metrology of cer not to be affected by the new quali cation to be prescribed 45
57. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985 45
LEGAL METROLOGY (GENERAL) RULES, 2011
CHAPTER I PRELIMINARY
1. Short title and commencement 51
2. De nitions
CHAPTER II
SPECIFICATIONS OF STANDARDS OF WEIGHTS AND MEASURES
3. Reference standards 51
4. Secondary standards
5. Working standards
6. Power to specify any other reference, secondary or working standard 53
CHAPTER III SPECIFICATIONS OF STANDARD EQUIPMENT
7. Reference standard balances
8. Secondary standard balances
9. Working standard balances
10. Power to specify the standard equipment
CHAPTER IV
WEIGHTS OR MEASURES AND WEIGHING AND MEASURING INSTRUMENTS
11. Weights
12. Measures (other than measuring instruments)
13. Weighing and measuring instruments
14. Procedure for carrying out calibration of vehicle tanks, etc.
CHAPTER V
IMPORT OF WEIGHTS AND MEASURES
15. Registration of importer
CONTENTS
PAGE
16. Conditions, etc., for manufacture of a weight or measure exclusively for export 56
17. Prohibition on sale of non-standard weight or measure within the country 57
18. Maintenance of record in relation to non-standard weight or measure 57
19. Sample checking of weight and measure 57
20. Checking of non-standard weights and measures sample which are to be exported 57
CHAPTER VI
NON-STANDARD WEIGHT OR MEASURE TO BE USED FOR SCIENTIFIC INVESTIGATION OR RESEARCH
21. Permission to get manufactured non-standard weight or measure for scienti c investigation or research 58
21A. Conditions, etc. for manufacture of a non-standard weight or measure exclusively for scienti c investigation or research 59
CHAPTER VII
MISCELLANEOUS
22. The manner of disposal of goods seized under this Act/rule 60
23. Time within which unveri ed weight and measure to be veri ed and stamped 60
24. Register and reports to be maintained by persons referred to in section 17 of the Act 61
25. Scale of fee 61
26. Use of regional languages 61
27. Periodical veri cation of weights or measures 61
27A. Special provision for re-veri cation 62
28. Quali cations of Legal Metrology Of cer 62B
29. Nomination of Director by a Company under the Act 62B
30. Repeal and savings 63
FIRST SCHEDULE: Denomination, Materials, Shape and Permissible Errors, in Respect of Reference Standards 66
SECOND SCHEDULE: Denominations, Materials, Shape and Permissible Errors in Respect of Secondary Standards 71
THIRD SCHEDULE: Denominations, Material, Shape and Permissible Errors in Respect of Working Standards 77
FOURTH SCHEDULE: Speci cations for Standard Equipment 84
FIFTH SCHEDULE 86
SIXTH SCHEDULE: Speci cations for Measures 111
SEVENTH SCHEDULE: Speci cation for Non-Automatic Weighing Instruments 144
EIGHTH SCHEDULE: Speci cations for Measuring Instruments 407
NINTH SCHEDULE: Procedure for carrying out calibration of Vehicle Tanks, etc. 841
TENTH SCHEDULE: Application form for registration of importer of weights and measures 871
ELEVENTH SCHEDULE: Register to be maintained by the manufacturers of weights and measures 872
TWELFTH SCHEDULE: Scale of fee 873
THIRTEENTH SCHEDULE: Format for nomination of the director by the company 873
LEGAL METROLOGY (NUMERATION) RULES, 2011
1. Short title and commencement 875
2. Procedure for making numeration 875
3. Manner in which numbers exceeding three digits shall be written in words 875
4. Manner in which numbers shall be written 875
5. Repeal and savings 876
LEGAL METROLOGY (NATIONAL STANDARDS) RULES, 2011
CHAPTER I PRELIMINARY
1. Short title and commencement 878
2. De nitions 878
CHAPTER II UNITS OF WEIGHT OR MEASURE
3. Units of Weight or Measure to be based on metric system 880
4. Base units of Length 880
5. Base units of Mass 881
CONTENTS
6. Base unit of time 881
7. Base unit of electric current 881
8. Base unit of thermodynamic temperature 881
9. Base unit of luminous intensity 882
10. Base unit of amount of substance 882
11. Rules of construction 882
12. Supplementary units 883
13. Derived units 883
14. Decimal multiples and sub-multiples of units 883
15. Permitted units 883
16. Special units 883
17. Temporarily accepted units 883
18. Units which should be progressively discontinued 883
19. Physical constants 884
20. Coef cient and symbol 884
21. Formation of new units 884
CHAPTER III
NATIONAL STANDARDS
22. National prototypes 884
23. Custody, maintenance, etc. of national standards of weights and measures 885
24. Realisation and establishment of the national standards of weights and measures based on SI units 885
25. Custody and maintenance of prototype standards 885 CHAPTER IV
REFERENCE, SECONDARY AND WORKING STANDARDS
26. Reference Standard 886
27. Secondary Standard 886
28. Working Standard 886
29. Standards which are to be fabricated by the Mint 886
30. Places where reference, secondary and working standards be kept 887
31. Period and manner of veri cation of reference, secondary and working standards 887
32. Maintenance of Reference, Secondary and Working Standards 887
33. Repeal and savings 887
FIRST SCHEDULE: Supplementary Units and their Symbols 888
SECOND SCHEDULE: Derived units and their symbols 888
THIRD SCHEDULE: Names, magnitudes and symbols of SI pre xes and principles of use of SI pre xes 897
FOURTH SCHEDULE: Units permitted to be used with base, supplementary or derived units 900
FIFTH SCHEDULE: Special units and their symbols 901
SIXTH SCHEDULE: Temporarily accepted units 902
SEVENTH SCHEDULE: C.G.S. units with special names 903
EIGHTH SCHEDULE: Units outside the international system 904
NINTH SCHEDULE: Important physical constants 904
TENTH SCHEDULE 909
INDIAN INSTITUTE OF LEGAL METROLOGY RULES, 2011
1. Short title and commencement 911
2. De nitions 911
3. Courses to be imparted at the Institute 911
4. Obligatory functions of the Institute 912
5. Quali cation of persons to be eligible for admission in the Institute 912
6. Regulation of admission to the Institute 913
7. Advisory Committee 913
8. Power of Institute to grant certi cate, diplomas 914
9. Fees 914
10. Repeal and savings 914
LEGAL METROLOGY (APPROVAL OF MODELS) RULES, 2011
CHAPTER I
PRELIMINARY
1. Short title and commencement 916
2. De nitions 916
CONTENTS PAGE
CHAPTER II
RECOGNITION OF LABORATORIES
3. General provisions relating to laboratories 917
4. Recognition of Laboratories 917
CHAPTER III
APPROVAL OF MODELS
5. Application for the approval of models 918
6. Submission of the models of weight or measure 919
7. Tests for the approval of model 920
8. Procedure for the issue of certi cate of approval 921
9. Procedure where issue of certi cate of approval is not recommended 922
10. Re-submission of disapproved model for approval 923
11. Contents of a certi cate of approval 923
12. Mark of approval 923
13. Revocation of certi cate of approval 924
14. Suspension of certi cate of approval 924
15. Revocation and suspension of certi cates to be published 925
16. Deposit of Models or its drawings 925
17. Provisions relating to weight or measure for which model approval is ordinarily not necessary 925
18. Provisions relating to testing of substitute materials 926
19. Fees for testing of model of weight or measure to be deposited 926
20. Licence to manufacture weight or measure when to be issued 927
21. Repeal and savings 927
LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011
1. Short title and commencement 929
2. De nitions 929
CHAPTER II
PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE
3. Application of Chapter 933
4. Regulation for prepacking and sale etc., of commodities in packaged form 933
CONTENTS
5. [Omitted by the Legal Metrology (Packaged Commodities) Amendment Rules, 2021, w.e.f. 1-4-2022] 934
6. Declarations to be made on every package 934
7. Principal display panel its area, size and letter etc. 942
8. Declaration where to appear 944
9. Manner in which declaration shall be made 945
10. Declaration of name and address of the manufacturer, etc. 945
11. General provisions relating to declaration of quantity 946
12. Manner in which declaration of quantity shall be 947
13. Statement of units of weight, measure or number 948
14. Declarations with regard to dimensions of certain commodities 949
15. Declaration with regard to dimensions and weight to be made on packages in certain cases 949
16. Declarations to be made with regard to the number of usable sheets to be stated 949
17. Declarations with regard to the dimensions of container type commodities 950
18. Provisions relating to wholesale dealer and retail dealers 950
19. Inspection of quantity and error in packages at the premises of the manufacturer or packer 952
20. Action to be taken on completion of inspection of packages at the premises of the manufacturers or the packer 954
21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer 955
22. Establishment of maximum permissible error on package 956
23. Deceptive packages to be repacked or in default to be seized 956
CHAPTER III
PROVISIONS APPLICABLE TO WHOLESALE PACKAGES
24. Declarations applicable to be made on every wholesale package 957
CHAPTER IV
EXPORT OF PACKAGED COMMODITIES
25. Restrictions on sale of export packages in India 957
CHAPTER V
EXEMPTIONS
26. Exemption in respect of certain packages 957
CHAPTER VI
REGISTRATION OF MANUFACTURERS, PACKERS AND IMPORTERS
27. Registration of manufacturers, packers and importers 959
28. Registration of shorter address permissible 960
29. Registration of manufacturers and packers, etc. 960
30. Compilation of lists of manufacturers or packers and their circulation 960
CHAPTER VII GENERAL
31. 961
32. Fine for contravention of rules 961
32A. Sum of compounding of offences 961
33. Power to relax 962
34. Repeal and savings 962
FIRST SCHEDULE 963
SECOND SCHEDULE 964
THIRD SCHEDULE 964
FOURTH SCHEDULE 965
FIFTH SCHEDULE 966
SIXTH SCHEDULE 966
SEVENTH SCHEDULE 970
LEGAL METROLOGY (GOVERNMENT
APPROVED TEST CENTRE) RULES, 2013
CHAPTER I PRELIMINARY
1. Short title and commencement 972
2. De nitions 972
CHAPTER II
VERIFICATION OF WEIGHTS AND MEASURES IN GOVERNMENT APPROVED TEST CENTRE
3. Veri cation by Government Approved Test Centre 973
CHAPTER III
APPROVAL OF GOVERNMENT APPROVED TEST CENTRE
4. General provisions relating to Government Approved Test Centre 973
5. Recognition of Government Approved Test Centre 973
CHAPTER IV
CERTIFICATE OF GOVERNMENT APPROVED TEST CENTRE
6. Duties of the Principal Of cer 976
7. Fee for veri cation or re-veri cation 976
8. Mark of veri cation 977
9. Inspection of records 977
10. Place of veri cation 977
11. Supervision of Government Approved Test Centre 977
12. Liability 977
13. Contents of Government Approved Test Centre Certi cate 978
14. Mark to Government Approved Test Centre 978
15. Revocation of certi cate of Government Approved Test Centre 978
16. Suspension of certi cate of Government Approved Test Centre 979
17. Renewal of Certi cate 979
18. Fee for application to Government Approved Text Centre 979
19. Expenditure on assessment or re-assessment or inspection of Government Approved Test Centre during the calendar year 979
20. Compounding the offences 980
FIRST SCHEDULE: Weights and Measures veri ed by Government Approved Test Centre 980
SECOND SCHEDULE: Application for Approval of Government Approved Test Centre 981
THIRD SCHEDULE: Certificate of verification 982
FOURTH SCHEDULE: Certificate of Government Approved Test Centre 982
FIFTH SCHEDULE: Fee Payable to test Centre for verification or re-verification 983
SAMPLE CHAPTER
Legal Metrology Act, 2009
[1 OF 2010]
An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Legal Metrology Act, 20091
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
COMMENTS
SECTION NOTES
1.1 Short Title [Section 1(1)]
The Act is formally named the Legal Metrology Act, 2009.
1.2 Extent [Section 1(2)]
The Act extends to the whole of India.
1.3 Commencement [Section 1(3)]
The Act does not come into effect immediately upon its enactment. It provides that:
The Act will come into force on a date [w.e.f. 1-4-2011] appointed by the Central Government through a notification published in the Official Gazette
The Central Government has the flexibility to appoint different dates for the commencement of different provisions of the Act.
1. Dated 13-1-2010.
2. 1-4-2011, vide Notification S.O. 210(E), dated 31-1-2011.
Definitions.
2. In this Act, unless the context otherwise requires,—
(
a) “Controller” means the Controller of Legal Metrology appointed under section 14;
(b) “dealer”, in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure manufactured by him to any person other than a dealer;
(
(
c) “Director” means the Director of Legal Metrology appointed under section 13;
d) “export” with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(e) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
(f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity;
(
g) “Legal Metrology” means that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements;
(
h) “legal metrology officer” means Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14;
(i) “manufacturer” in relation to any weight or measure, means a person who —
(i) manufactures weight or measure,
(ii) manufactures one or more parts, and acquires other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
(iii) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
(
iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims
such product to be a weight or measure made or manufactured by himself or itself, as the case may be;
(j) “notification” means a notification published in the Official Gazette;
(k) “protection” means the utilisation of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;
(l) “pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity;
(m) “person” includes,—
(i) a Hindu undivided family,
(ii) every department or office,
(iii) every organisation established or constituted by Government,
(iv) every local authority within the territory of India,
(v) a company, firm and association of individuals,
(vi) trust constituted under an Act,
(vii) every co-operative society constituted under an Act,
(viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860);
(n) “premises” includes—
(i) a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises,
(ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited,
(iii) a place where any books of account or other documents pertaining to any trade or transaction are kept,
(iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade,
(v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on;
(o) “prescribed” means prescribed by rules made under this Act;
(p) “repairer” means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act; 3
(q) “State Government”, in relation to a Union territory, means the Administrator thereof;
(
(
(
r) “sale”, with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods;
s) “seal” means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp;
t) “stamp” means a mark, made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to, any weight or measure with a view to—
(i) certifying that such weight or measure conforms to the standard specified by or under this Act, or
(ii) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated;
(u) “transaction” means,—
(i) any contract, whether for sale, purchase, exchange or any other purpose, or
(ii) any assessment of royalty, toll, duty or other dues, or
(iii) the assessment of any work done, wages due or services rendered;
(v) “verification”, with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Act and also includes re-verification and calibration;
(w) “weight or measure” means a weight or measure specified by or under this Act and includes a weighing or measuring instrument.
COMMENTS
SECTION NOTES
2.1 Dealer [Section 2(b)]
A dealer includes any person engaged in the business of buying, selling, supplying, or distributing weights or measures. This definition also includes:
Commission agents, importers, and manufacturers who deliver weights or measures to others. S. 2
2.2 Export [Section 2(d)]
Taking goods out of India.
2.3 Import [Section 2(e)]
Bringing goods into India from a foreign location.
2.4 Label [Section 2(f)]
Refers to any written, stamped, marked, printed, or graphic matter appearing on a pre-packaged commodity.
2.5 Legal Metrology [Section 2(g)]
Refers to the scientific and legal regulation of weights, measurements, and instruments to ensure:
Accuracy and security of weighments and measurements.
2.6 Manufacturer [Section 2(i)]
A manufacturer includes any person who: Produces weights or measures.
Assembles parts and claims the final product.
Places their mark on a product made by another.
2.7 Protection [Section 2(k)]
Involves using weighments or measurements for safeguarding: Human beings, animals, commodities, or vegetation. Highlights the importance of accurate measurements for safety and protection purposes.
2.8 Pre-Packaged Commodity [Section 2(l)]
A commodity placed in a package without the purchaser being present and containing a pre-determined quantity.
2.9 Person [Section 2(m)]
Broadly defines “person” to include:
Hindu Undivided Families (HUFs), department or office, Government organization, local authority, companies, firms, local authorities, trusts, and societies.
2.10 Premises [Section 2(n)]
Includes:
Places of business, warehouses, documents storage, or vehicles/vessels used for transactions.
Dwelling houses partially used for business purposes.
2.11 Repairer [Section 2(p)]
A repairer includes any person who repairs, cleans, adjusts, or services weights or measures to ensure compliance with standards.
2.12 Sale [Section 2(r)]
Includes the transfer of property in weights, measures, or goods for: Cash, deferred payments, or instalments.
Excludes mortgages, hypothecations, and pledges.
2.13 Seal [Section 2(s)]
A device or process ensuring the integrity of a stamp.
2.14 Stamp [Section 2(t)]
A mark certifying that a weight or measure conforms to legal standards or obliterates previous certifications.
2.15 Transaction [Section 2(u)]
Covers:
Contracts for sale, purchase, exchange, etc.
Assessment of royalty, tolls, dues, wages, or services.
2.16 Verification [Section 2(v)]
Refers to the process of testing, checking, or adjusting weights or measures to ensure compliance with standards.
Includes re-verification and calibration.
2.17 Weight or Measure [Section 2(w)]
Refers to any weight, measure, or instrument specified under the Act.
CASE LAWS
Sale of Packaged Commodities Above MRP in Hotels - The Supreme Court held that the Legal Metrology Act, 2009, does not govern composite contracts for supply of services and food or drinks in hotels and restaurants. The Court emphasized that the definition of “sale” under the Act pertains only to transfer of property in goods, excluding service-oriented transactions. Consequently, selling packaged drinking water above the Maximum Retail Price (MRP) in hotels and restaurants is not restricted by the Act. The Court clarified that institutional customers like hotels are exempt from Rule 3 of the Legal Metrology (Packaged Commodities) Rules, 2011. – Federation of Hotel and Restaurant Associations of India v. Union of India AIR 2018 SC 73.
Definition of “Transaction” and Its Applicability to Gold Loan Business - The Andhra Pradesh High Court clarified that the definition of “transaction” under section 2(u) includes not just sales and purchases but extends to exchanges or other purposes involving bullion and precious metals. It upheld the application of Rule 9 of the A.P. Legal Metrology (Enforcement) Rules, 2011, requiring the use of non-automatic weighing machines for high-accuracy measurement of gold and ornaments. The petitioner company’s business of granting loans against gold security was held to fall within the ambit of a “transaction,” ensuring consumer protection under the Legal Metrology Act. – Manappuram Finance Ltd. v. Government of Andhra Pradesh AIR 2013 Andhra Pradesh 79.
Provisions of this Act to override provisions of any other law.
3. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II
STANDARD WEIGHTS AND MEASURES
Units of weights and measures to be based on metric system.
4. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.
Base unit of weights and measures.
5. (1) The base unit of—
(i) length shall be the metre; (ii) mass shall be the kilogram; (iii) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the kelvin; (vi) luminous intensity shall be the candela; and (vii) amount of substance shall be the mole.
(2) The specifications of the base units mentioned in sub-section (1), derived units and other units shall be such as may be prescribed.
Base unit of numeration.
6. (1) The base unit of numeration shall be the unit of the international form of Indian numerals.
(2) Every numeration shall be made in accordance with the decimal system.
(3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed.
Standard units of weights and measures.
7. (1) The base units of weights and measures specified in section 5 shall be the standard units of weights and measures.
(2) The base unit of numeration specified in section 6 shall be the standard unit of numeration.
(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed.
(4) The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed.
Standard weight, measure or numeral.
8. (1) Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are applicable to it shall be the standard weight or measure.
(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.
(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.
(4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8:
Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research.
Reference, secondary and working standard.
9. (1) The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed.
(2) Every reference standard, secondary standard and working standard shall be verified and stamped in such manner and after payment of such fee as may be prescribed.
(3) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard.
Use of weight or measure for particular purposes.
10. Any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed.
Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration.
11. (1) No person shall, in relation to any goods, things or service,—
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster or other document, or
(d) indicate the net quantity of a pre-packaged commodity, or
(e) express in relation to any transaction or protection, any quantity or dimension,
otherwise than in accordance with the standard unit of weight, measure or numeration.
(2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service.
COMMENTS
SECTION NOTES
11.1 Mandatory Use of Standard Units [Section 11(1)]
No person, in relation to any goods, things, or services, shall: S. 11
Quote or announce any price or charge in units other than the standard units of weight, measure, or numeration.
Issue or display any price list, invoice, cash memo, or similar documents using non-standard units.
Prepare or publish advertisements, posters, or other documents indicating measurements not in standard units.
Indicate the net quantity of a pre-packaged commodity otherwise than in standard units.
Express quantity or dimension in relation to transactions or protection using non-standard units.
11.2 Exemption for Exports [Section 11(2)]
The provisions of sub-section (1) do not apply to the export of any goods, things, or services.
CASE LAWS
Prohibition of Non-Metric Advertisement Expressions - The petitioner, Cadbury India Ltd., was accused of violating section 11 by using the term “angula” (meaning “an inch”) in an advertisement for their “5 Star” chocolate, despite the term referring to a trouser and not the advertised product. The court clarified that section 11 applies only when non-metric expressions relate to the goods or services being advertised. Since “angula” was used humorously and not in reference to the chocolate, the Court held that there was no violation. The appellate authority’s imposition of penalties was quashed.
– Cadbury India Ltd. v. Controller of Legal Metrology Department of Legal Metrology AIR 2013 Karnataka 108.
Any custom, usage, etc., contrary to standard weight, measure or numeration to be void.
12. Any custom, usage, practice or method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void.
COMMENTS
SECTION NOTES
12.1 Invalidation of Non-Standard Practices
Section 12 declares void any:
Custom, usage, practice, or method that allows a person to:
Demand or receive quantities of an article, thing, or service that are more or less than the agreed-upon quantity specified by: - Weight, - Measure, or - Number,
Such quantities must conform strictly to the terms of the contract or agreement.
CHAPTER III
APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS
Appointment of Director, legal metrology officers and other employees.
13. (1) The Central Government may, by notification, appoint a Director of legal metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to inter-State trade and commerce.
(2) The qualifications of the Director and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed.
(3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify.
(4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge duties under the general superintendence, direction and control of the Director.
(5) The Director, the Controller and every legal metrology officer authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and legal metrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
(7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation.
(8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director.
Appointment of Controller, legal metrology officers and other employees.
14. (1) The State Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, Inspector and other employees for the State for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to intra-State trade and commerce.
